How do I know which form to fill out? ….
Please refer to the following examples to determine the correct form to address your request before the Board of Zoning Appeals. If you are in doubt, please contact the zoning staff of Clearcreek Township.
Administrative Appeal Form:
Should be used by individuals that wish the Board of Zoning Appeals to hear allegations of errors by an administrative official. For example a property owner may not agree that the business activity occurring next door is allowed due to the zoning classification, even though the business received a zoning permit to construct the building and use of the property.
Area Variance Request Form:
Should be used by individuals that are appealing for relief from the required front, side and/or rear yard setbacks. This form could also be used by individuals appealing for relief from the height requirements of their zone.
Conditional Use Request Form:
Should be used by individuals that are wishing to establish or expand the uses that the zoning resolution has termed conditional uses. These uses are appropriate for the zone in which they are identified but only after review by the Board of Zoning Appeals.
Non-Conformance Hearing Form:
Should be used by individuals that own property that has been classified as a legal non-conforming use. The legal non-conforming use can take one of four forms:
1. Non-conforming building or structure. For example this would occur when the structure no longer meets the required front yard setback, due to the expansion of the road right-of-way when the road was improved. If the owner wishes to expand the structure, the expansion would need to be reviewed by the Board of Zoning Appeals.
2. Conforming uses of non-conforming buildings. For example the use agrees with the underlying zone, but the building does not conform to the regulation. This could occur when a property changes from residential to business. The new activity agrees with the zone but the structure doesn’t conform to the regulations. If the owner wishes to expand the structure, the expansion would need to be reviewed by the Board of Zoning Appeals.
3. Non-conforming use of conforming buildings. For example the structure meets all the required setbacks, but the activity in the structure doesn’t conform to the underlying zoning. This could occur when a property changes from residential to business, but the use remains residential. The old activity doesn’t agree with the zone but the structure conforms to the regulations. If the applicant wishes to expand the structure to accommodate the anticipated growth of the use, the expansion would need to be reviewed by the Board of Zoning Appeals.
4. Non-conforming uses of land. This would occur when the use does not meet the uses outlined in the underlying zoning classification. If the owner wishes to expand the use, the expansion would need to be reviewed by the Board of Zoning Appeals.
Use Variance Request Form:
Should be used by individuals that are appealing for relief from the permitted uses of the property. Note that this is not a request to rezone a piece of property; it is a request to allow a use not expressly or implicitly permitted in the zoning resolution.